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Diego Pavia files lawsuit against NCAA over eligibility rules, NIL pay

Spenser Davis

By Spenser Davis

Published:

Diego Pavia has filed a lawsuit against the NCAA as he seeks additional collegiate eligibility.

The Vanderbilt quarterback is arguing that the NCAA is violating antitrust laws because it counts junior college seasons toward NCAA eligibility.

Pavia spent the 2020 and 2021 seasons at New Mexico Military Institute before transferring to New Mexico State ahead of the 2022 campaign. Pavia was with NMSU in 2022 and 2023 before transferring to Vanderbilt in 2024.

Here’s a copy of part of Pavia’s lawsuit against the NCAA, which alleges that the rules have caused athletes to miss out on NIL money:

Here’s an excerpt from the lawsuit:

“In other words, Athletes playing football outside of the NCAA monopoly have no meaningful opportunity to profit off their name, image, or likeness. Even so, JUCO Eligibility Limitation Bylaws restrict the ability of athletes who begin their college football careers in junior colleges from having the same opportunity to profit from NIL as students who enter an NCAA institution as freshmen.

Specifically, the JUCO Eligibility Bylaws limit athletes who begin their college careers at junior colleges to only two or three seasons of NCAA Division I football, as opposed to the four seasons of competition (and NIL Compensation opportunities) available to all other NCAA Division I football players.”

Pavia is seeking a temporary restraining order against the NCAA, which is preventing him from being eligible to play the 2025-26 season given its current set of rules. The lawsuit was filed in Tennessee.

If granted, Pavia would be eligible to play next season for Vanderbilt or any other team. So far in 2024, he’s led Vandy to within 1 win of its best season since the James Franklin era. The Commodores have already clinched a bowl game appearance for the first time since 2018.

Vandy will face South Carolina on Saturday.

Spenser Davis

Spenser is a news editor for Saturday Down South and covers college football across all Saturday Football brands.

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